Proponents of cannabis law reform can all breathe a little deeper since the 2018 Farm bill was passed last December, legalizing hemp federally. But, is CBD legal in Ohio?
Due to the intricacies between state and federal jurisdiction – where state law can take precedence over federal law if it does not directly contradict it – finding out whether hemp is legal in your particular state is more difficult than you may first have thought.
And for Ohioans, this is just the case. So, is CBD legal in Ohio?
Let’s take a look into Ohio’s hemp and marijuana laws to answer your question.
- What is CBD?
- Hemp is legal federally, but is CBD legal in Ohio?
- Hemp for Ohio
- So, is CBD legal in Ohio?
What is CBD?
CBD is one of over 100 different cannabinoid compounds that make up the cannabis plant. However, unlike THC, CBD is non-psychoactive, so it won’t get you high.
So, why is CBD such an interesting compound? Well, in the last decade or so research has come to light that suggests that it, as well as many other cannabinoids found in the cannabis plant, may hold a lot of therapeutic properties.
And while cannabis has been used medically and recreationally for thousands of years, it has only relatively recently become of major interest to health and medical communities across the globe.
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Hemp is Legal Federally, But is CBD Legal in Ohio?
In December 2018, hemp was federally redefined as an agricultural commodity. This made all hemp plants, with less than 0.3% THC in it, legal to use in:
- Personal care items
- Dietary supplements
- Particleboard and much more
So while hemp is federally legal, is CBD legal in Ohio? Well, this is a little more difficult to answer. While hemp-derived CBD is technically legal federally, Ohio has yet to develop state laws to reflect this change in legislation.
As of yet, Ohio’s state laws do not differentiate between hemp and cannabis meaning CBD products – even derived from hemp – fall under Ohio’s medical marijuana program, making CBD products only legal on prescription.
Ohio’s Board of Pharmacy declared in a statement mid last year that the HB 523, which created the states medical marijuana control program, did not differentiate between CBD products from hemp or marijuana.
The statement reads, “The Board continues to receive questions about cannabidiol (CBD) oil (derived from hemp or derived from marijuana). HB 523… made no exception for possession or sale of CBD oil. HB 523 includes CBD oil in the definition of marijuana, regardless of whether it is a plant extract or synthetic product.”
Hemp for Ohio
Senator Brian Hill – a Zanesville Republican and proponent for hemp and cannabis legalization – brought forward legislation to reinvigorate Ohio’s failing hemp laws, with the introduction of Senate Bill 57.
“Ohio is now one of only a handful of states that has not passed legislation to address hemp’s change in legal status at the federal level", he said.
So, in February 2019, Senate Bill 57 entered the Ohio Senate and passed through to the house of representatives successfully on April 2nd. At this stage, it must still pass through the house of representatives successfully, before it is technically made into the legislature.
So, Can you buy CBD in Ohio?
This is the tricky part. You see, while it is illegal to buy CBD without a prescription in Ohio, you can easily find CBD in both marijuana dispensaries and regular shops alike.
In the wake of Senate Bill 57, Ohio entrepreneurs opened dispensaries and CBD focussed shops numbering in the hundreds in order to provide Ohio’s considerable customer base with their marijuana and hemp needs.
Until Senate Bill 57 is passed through the House of Representatives, CBD is only legal with a prescription, and only if bought in medical marijuana dispensaries.
How to Buy CBD Legally in Ohio
Before Senate Bill 57 comes into law (fingers crossed it comes soon) patients holding a medical marijuana card can purchase CBD oil, coming from either hemp or marijuana strains, and only in state-approved dispensaries.
However, getting a medical marijuana card isn’t the easiest process. People may only be approved for a medical cannabis card if they have been approved by a doctor. The doctor will need to certify that:
- There is a legitimate patient-physician relationship
- The resident of Ohio must have a qualifying condition
- The doctor must have already discussed both the benefits and possible risks of medical marijuana/CBD as a treatment option
- The doctor must have reviewed the patient's records in the state’s controlled substances database
After this process, Ohioans will receive their medical marijuana card and can access both cannabis and hemp through a local state-approved dispensary.
How to Qualify for a Medical Cannabis Card
To begin, patients must have one of the following conditions in order to access medical marijuana in the state of Ohio:
- AIDS - HIV
- Amyotrophic Lateral Sclerosis (ALS)
- Alzheimer’s Disease
- Chronic Traumatic Encephalopathy
- Crohn's Disease
- Hepatitis C
- Inflammatory Bowel Disease (IBD)
- Multiple Sclerosis (MS)
- Chronic Intractable and Severe Pain
- Parkinson’s Disease
- Sickle Cell Anemia
- Spinal Cord Disease or Injury
- Tourette’s Syndrome
- Traumatic Brain Injury
- Ulcerative Colitis
Any other conditions not mentioned above may be petitioned to the Medical Board to add additional qualifying medical conditions. Once you have been diagnosed with one of the above conditions you may apply for a medical marijuana card.
Don’t have one of the conditions above, then you may have to wait for Senate Bill 57 to pass through state parliament before you can access CBD legally. But when is this set to happen?
When will CBD be Legal in Ohio?
Right now, CBD is legal in Ohio for those who have been approved for a medical cannabis card – though this is set to change relatively shortly.
Right now, Senate Bill 57 has made its way through the Senate without a hitch and must now make its way through the House of Representatives before it becomes state law.
When can we expect Senate Bill 57 to come into Ohio state law? Well, it would seem that Ohioans may have to wait some time before purchasing CBD without a medical cannabis card, legally.
While Senate Bill 57 itself has progressed 50% of the way through state parliament in only two months, the rest of the process seems to need far more time. And while there are many pressing matters that must be attended to by local and state parliament, Senate Bill 57 is only set to “take effect on March 22, 2020”.
While this may seem like an exaggerated time-frame – especially for those who need cannabis medicine – relatively speaking, hemp legalization in Ohio is just around the corner.
Have any questions or comments about CBD? Click on the chat box on the right corner below, to live chat with one of our dedicated customer care staff, who’d be more than happy to answer any questions you may have.
Disclaimer: Views expressed here do not necessarily reflect those of Endoca and its staff. This article is not intended to provide medical advice, diagnosis, treatment or cure. Endoca CBD products have not been approved by the US Food and Drug Administration (FDA).